dissenting from the judgment.
This appeal became moot by virtue of the final judgment of a state court involving the same cause of action. The only proper disposition is to dismiss it. While I do not disagree with the majority’s indicating that Frommeyer v. L. & R. Construction Co., Inc., 139 F.Supp. 579, 585-86 (D.N.J.1956) is a correct statement of the law, I would not undertake to decide the question in a case which has become moot.